An analysis of the environmental law framework regulating cross-border biodiversity conservation in the Maloti-Drakensberg Transfrontier Park

Abstract

Cross-border biodiversity conservation is a recent development in Southern Africa. Considering the rapidly growing numbers in transfrontier parks, a question of sustainable governance arise. Currently, all transfrontier parks within the Southern African region rely mostly on Memoranda of Understanding (MoU) or bi-lateral agreements between the respective parities to facilitate issues relating to the governance thereof. Specific legislation to regulate cross-border biodiversity conservation does not seem to exist and the existing MoU's does not sufficiently provide for all aspects necessary. This may lead to ineffective governance, legal uncertainty and unsustainable biodiversty conservation within these parks. This dissertation focuses on and explores a legal framework for cross-border biodiversity conservation in the Maloti-Drakensberg Transfrontier Park (MDTP). The MDTP straddles the borders between South Africa and Lesotho. The dissertation focuses on the international, regional, sub-regional and the respective national legal frameworks in order to ascertain which legal norms and rules exist to regulate cross-border biodiversity conservation. This dissertation examines the relevant legal norms and rules for cross-border biodiversity conservation and concludes with some recommendations as to the status of the existing legal framework and points out certain deficiencies and lacunae that may cause a lack in legal certainty regarding cross-border biodiversity conservation in the MDTP.